As 2024 comes to a close, it’s time to reflect on the challenges and growth we’ve experienced in the legal profession. This year has been marked by technological advances, new laws and regulations, a host of court decisions interpreting the law, and the ongoing need to adapt. Our relationships with clients have been at the heart…
Read More 2024: In ReviewIn McCabe v 511 West 232nd Owners Corp., No. 91, 2024 N.Y. Slip Op. 06290, 2024 WL 5126078 (N.Y., Dec. 17, 2024), the New York Court of Appeals held, as a matter of first impression, that a co-op board’s refusal to transfer a building unit to a shareholder’s partner because they were not married did…
Read More NY Court of Appeals: Co-Op Board’s Declining to Treat Deceased Shareholder’s Unmarried Partner as “Spouse” Did Not Constitute Discrimination Based on “Marital Status” Under the New York City Human Rights LawIn Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), a housing discrimination case, the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of retaliation asserted under the New York State and City Human Rights Laws. From the decision: To prove…
Read More Retaliation Claims, Based on Issues With Repair and Service Following Complaint About Super’s Alleged Discriminatory Comment, Survives Summary JudgmentIn Berrios v. Rose Associates, Inc., No. 652417/2021, 2024 WL 5182598 (N.Y. Sup Ct, New York County Dec. 19, 2024), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claims of housing discrimination asserted under the New York State Human Rights Law (N.Y. Executive Law § 296(5)) and the New York City…
Read More Housing Discrimination Claims, Asserted Under the NYS and NYC Human Rights Laws, DismissedIn James v. Denis McDonough in his official capacity as Secretary, United States Department of Veterans Affairs, Case No. 2:23-cv-02386-SHL-cgc, 2024 WL 5147647 (W.D.Tenn. Dec. 17, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s hostile work environment sexual harassment claim. From the decision: Here, James alleges that Strawder, who is…
Read More Title VII Hostile Work Environment Sexual Harassment Against VA Survives Summary JudgmentIn Piscitelli v. Deloitte Touche Tohmatsu Services, Inc., No. 159272/2020, 2024 WL 5202602 (N.Y. Sup Ct, New York County Dec. 17, 2024), the court, inter alia, denied the parties’ motions for summary judgment on plaintiff’s claims of sex/pregnancy discrimination under the New York State and City Human Rights Laws. From the decision: A prima facie…
Read More Sex/Pregnancy Discrimination Claims Against Deloitte Survive Summary JudgmentIn Nieves v. City of New York, 2024 WL 1363570 (S.D.N.Y., 2024), the court gave a very holiday-centric explanation of what would constitute a facially-invalid arrest warrant: In any event, Plaintiff asserts a Section 1983 claim for violation of a federal constitutional right. As the Supreme Court has explained, the question here is whether the…
Read More Judge Santa ClausIn Qorrolli v. Metropolitan Dental Associates, 2024 WL 5194887 (2d Cir. Dec. 23, 2024), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the lower court’s award of summary judgment to defendant on plaintiff’s claims of retaliation, on the ground that plaintiff did not engage in “protected activity.” From the decision: Finally,…
Read More Rejection of Sexual Advances Did Not Constitute “Protected Activity” For Retaliation Claim, 2nd Circuit HoldsIn Ajala v. Limani 51, LLC, No. 153433/2023, 2024 WL 5169823 (N.Y. Sup Ct, New York County Dec. 17, 2024), the court held that plaintiff sufficiently alleged a hostile work environment claims under the New York State and City Human Rights Laws. From the decision: A racially hostile work environment exists when the workplace is…
Read More Hostile Work Environment Claim Survives Dismissal; Court Cites Sex and Race-Based CommentsIn Brooks v. Liberty Mutual Insurance Co., 2024 WL 5186527 (S.D.N.Y. Dec. 20, 2024), an employment discrimination/hostile work environment case, the court dismissed plaintiff’s third amended complaint (TAC). Interestingly, the court did not address the merits, but rather focused on the procedural requirements for such a complaint: Rule 8(a)(2) of the Federal Rules of Civil…
Read More 100+ Page Hostile Work Environment Complaint Dismissed as Being Neither “Short Nor Plain”